ML19330A288
| ML19330A288 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/04/1974 |
| From: | Brown P BECHTEL GROUP, INC., CLARK, KLEIN, WINTER, PARSONS & PREWITT |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160839 | |
| Download: ML19330A288 (3) | |
Text
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1.
THIS DOCUMENT CONTAINS UNITED STATES OF AMERICA P0OR QUALITY PAGES ATOMIC ENERGY CCICIISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Construction Fermit CONSUMERS PCWER CCMPANY Nos. 81 and 82 (Midland Plant, Units 1 and P.)
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RESPONSE OF BECHTEL PCWER CORPORATION AND BECHTEL ASSOCIATES FROFESSICUAL CCRPCRATICU TO SAGINAW-SIERRA'S MOTIO:i FOR AN ADDITICHAL THIRTY DAYS WITHIN WHICH TO FILE FIIIDIUG3 CF FACT AND CCUCLUSICUS CF LAW BECHTEL PCWER CORI JRATION s EECHTEL ASSCCIATES FRCFESSICHAL CCR-PORATION ("Bechtel") oppose the Mction of Saginaw-Sierra for an additional thirty deys within which to file Findings of Fact and Cenclusions of Law for the following reasons:
1.
Saginaw-Sierra's yotion centains no justification or gcod cause 1
for the requested extension of time within which to file its proposed Findings.
The facts alleged in the Motion, namely that " counsel for Saginaw Group has just returned to the office after having been on trial all last week, will be =oving to another office beginning September 1, 1974, and has limited per=anent secre-tarial service," are insufficient and inadequate both as justification for the Motion and as good cause for Saginaw-Sierra's failure to transmit the Motion in timely fashion.
Proposed Findings of Fact and Conclusions of Law were due "from all parties, including the Intervenor Saginaw group" on August 12, 1974.2 1.
See Louisiana Power and Light Ccmpany, Waterford Steam Electric Station, l
Unit 3, ALAB-ll7, RAI-73-4, pp. 2el-262 for the requirements set forth
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by the Appeal Bcard for Motions for Extensions of time which are mailed on or after the due date for the substantive document.
2.
Transcript, 710.
07160 @3}
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Counsel for Saginaw-Sierra was aware of that fact and had the same three weeks as did the other parties to this proceeding within which to prepare and file proposed Findings in order to comply with that date. This present Motion does not address Saginaw-Sierra's failure to timely file its Findings by the due date.
2.
The other parties to this proceeding will be prejudiced if this Licensing Board grants the requested extension of time. If this Licensing Board grants Saginaw-Sierra's Motion, Saginaw-Sierra will have an advantage over the other parties, since Saginaw-Sierra vill have before it those pro-posed Findings of Fact and Conclusions of Law which were timely filed by the other parties as a guideline for preparing its evn proposed Findings. This preferential treat =ent of Saginav-Sierra vill be to the detriment and prejudice of the parties to this proceeding who have diligently prepared, participated and complied with deadlines. Accordingly, the ir.terest of justice dictates that Saginaw-Sierra's Motien be denied.
WHEREFORE, Bechtel prays that this Licensing Board deny Saginaw-Sierra's Motion for an additional thirty days in which to file its Findings of Fact and Conclusions of Law.
Respectfully submitted, CLARK, KLEET, WETTER, PARSGIS & PREWITT
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n-P. Robert Brown, Jr.
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Individually and for the Firm, Attorneys for Bechtel Power Corporation and Bechtel Associates Professional Cor-poration 1600 First Federal Building, Detroit, Mi.
September 4, 1974.
f
. a, UNITED STATES OF AMERICA ATCICC ENERGY C0!MISSICH In the Matter of Construction Pemit CONSUMERS POWER COMPAlff Nos. 81 and 82 (Midland Plant, Units 1 and 2)j
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CERTIFICATE OF SERVICE d-
I hereby certify that copies of the attached Response of Eechtel Power Corporation and Bechtel Associates Professional Corporation to Saginaw-Sierra's Motion for an additional thirty days within which to file Findings of Fact and Conclusicns of Law dated September 4,1974, in the above captioned
=atter have been served on the following in percen or by deposit in the United States cail, first-class, or airmail, this 4th day of Septe=ber,1974.
Secretary (20)
John G. Gleeson, Esq.
U.S. Atomic Energy Com=ission Legal Department Attn: Chief, Public Proceedings The Dow Chemical Cecpany Branch 2030 Dow Center Washington, D.C.
20545 Midland, Michigan 48640 James P. Mtirray, Jr.
Michael I. Miller, Esq.
Chief Rulemaking and R. Rex Renfrow III, Esq.
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Enforcement Counsel Isham, Lincoln & Beale U.S. Atomic Energy Co==ission One First National Plaza Washington, D. C.
20545 Chicago, Illinois 60670 Michael Glaser, Esq.
Lester Kornblith, Jr.
1150 17th Street, N.W.
U.S. Atomic Energy Co= mission Washington, D. C.
20036 Washington, D. C.
20545 Dr. Emmeth A. Luebke Myron M. Cherry, Esq.
U.S. Atomic Energy Co:rnission Jenner & Block Washington, D. C.
20545 One IBM Plaza Chicago, Illinois 60611 dat4 % /.t/ M Bartholomew P. Molloy
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